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CONTENTS
Acknowledgments x xi
Preface xxiii
List of Tables x xix
List of Figures x x xi
INTRODUCTION 2
W H AT I S M O R A L I T Y ? 3
D E S C R I P T I V E A N D N O R M AT I V E M O R A L I T Y 4
Descriptive Definitions of Morality 5
Etiquette, Law, and Religion 5
Normative Definitions of Morality 6
W H AT I S “ E T H I C S? ” 7
M E TA E T H I C S 7
Metaphysical Issues 8
Psychological Issues 9
Egoism and Altruism 9
Emotion and Reason 9
Male Versus Female Morality 10
N O R M AT I V E E T H I C S 10
Teleological Ethics 10
Deontological Ethics 11
Virtue Ethics 12
APPLIED ETHICS 12
Professional Ethics 14
Codes of Professional Ethics 15
The Importance of Professional Ethics 15
vii
viii CONTENTS
T H E R E L AT I O N S H I P B E T W E E N M O R A L I T Y A N D E T H I C S 16
M O R A L I T Y, E T H I C S , A N D T H E C R I M I N A L J U S T I C E P R AC T I T I O N E R 17
INTRODUCTION 30
SYSTEMS OF ETHIC S 31
General Distinctions 31
F O C U S I N G O N B E H AV I O R : T E L E O L O G I C A L E T H I C S 32
Ethical Egoism 32
Critique of Ethical Egoism 33
Act Utilitarianism 33
Critique of Act Utilitarianism 35
Rule Utilitarianism 36
Critique of Rule Utilitarianism 36
F O C U S I N G O N B E H AV I O R : D E O N T O L O G I C A L E T H I C S 38
Kantian Ethics 38
The Categorical Imperative 39
The Hypothetical Imperative 40
Critique of Kantian Ethics 41
Religious Ethics: Divine Command Theory (DCT) 42
The Euthyphro Dilemma 44
Modified Divine Command Theory 44
Critique of Divine Command Theory 45
F O C U S I N G O N C H A R AC T E R : V I R T U E T H E O R I E S 48
Virtue Ethics 48
Content s ix
Thought Exercise 2.1: Using Force: The Temperate and the Continent
Police Officer 51
Summary 52
INTRODUCTION 59
MOR AL DILEMMAS 62
The Role of Emotion in Moral Dilemmas 63
Categories of Moral Dilemmas 64
Epistemic and Ontological Dilemmas 65
Self-Imposed and Other-Imposed Dilemmas 65
Obligation-Based and Prohibition-Based Dilemmas 66
Moral Dilemmas and Conflicting Obligations 66
Resolving Dilemmas: Common-Sense Morality? 66
M O R A L D I L E M M A S A N D C R I M I N A L J U S T I C E P R AC T I T I O N E R S 67
Moral Dilemmas and the Police 68
INTRODUCTION 85
MOR AL REASONING 86
What Is Moral Reasoning? 86
The Process of Moral Reasoning 87
Recognizing Moral Issues 87
Attending to Moral Facts 88
Sorting the Moral Considerations 89
Reasoning by Analogy 89
Resolving Conflicts Among Considerations in Moral Reasoning 89
Learning From Experience and Changing One’s Mind 91
Moral Learning From Moral Reasoning 91
Overturning Moral Theories 91
Moral Dumbfoundedness 92
THE DEVELOPMENT OF MOR AL RE ASONING 93
Kohlberg’s Levels and Stages of Moral Reasoning 93
Criticisms of Kohlberg’s Theory 94
Methodological Issues 94
Problems With Kohlberg’s Theory 96
GUIDING PRINCIPLES FOR MOR AL REASONING 97
The Structure of Moral Arguments 98
Formal Principles of Moral Reasoning 98
General Rules to Guide Moral Reasoning 99
Normative Claims 99
Consistency in Thinking 99
Specific Rules in Moral Reasoning: Avoiding Errors 100
Mine-Is-Better Thinking 101
Double Standards 101
Content s xi
INTRODUCTION 115
A F R A M E W O R K F O R A N A LY S I S 116
A T E M P L AT E F O R A N A LY S I S 117
Facts 118
Details 118
Case Study 5.1: The Rookie and the Restaurant Tab 119
Ethical Issue 120
Identifying Moral Ideals 120
Substantive and Procedural Ideals 121
Principle of Respect for Persons 121
Identifying Obligations 123
Fidelity Obligations 123
Nonfidelity Obligations 124
Obligations in the Template 124
When Obligations Conflict 125
When Ideals and Obligations Conflict 125
Identifying Consequences 126
Types of Consequences 127
The Principle of the Double Effect 127
Implicit Opposites When Identifying Consequences 128
The Conclusion 128
xii CONTENTS
Case Study 5.2: The Hostess and the Police Officer 130
Summary 131
Case Study 5.3: The Ethics of Campaign Contributions for Judges 133
Key Terms 137
Discussion Questions 137
Resources 137
References 138
INTRODUCTION 14 0
INTRODUCTION 178
Thought Exercise 7.2: Minority Report and the Ethics of Predictive Policing 208
Key Terms 209
Discussion Questions 209
Resources 210
References 210
INTRODUCTION 2 16
T H E C O U R T R O O M W O R KG R O U P 2 17
Goals of the Courtroom Workgroup 218
Workgroup Dynamics 218
ETHICS AND PROSECUTORS 2 19
The Prosecution Function 219
Standards for the Prosecution Function 220
The Ethics of Prosecuting People 224
Narrowness and Cynicism 225
Discretion 226
Winning 226
Prosecutorial Misconduct 227
Prosecutorial Misconduct Defined 227
Types of Prosecutorial Misconduct 227
Prevalence of Prosecutorial Misconduct 228
Hurdles to Controlling Prosecutorial Misconduct 228
Harmless Error Doctrine 228
Absolute Immunity for Prosecutors 229
Content s xv
INTRODUCTION 2 81
INTRODUCTION 32 0
A N OV E R V I E W O F C O M M U N I T Y- B A S E D C O R R E C T I O N S 32 1
Probation: Its History and Administration 322
Parole: Its History and Administration 323
Intermediate Sanctions: History and Purpose 324
COMMUNIT Y CORREC TIONS OFFICERS 32 6
Characteristics of Probation/Parole Officers 326
Probation/Parole Officer Training 327
Ethical Standards for Probation/Parole Officers 327
The Occupational Culture of Probation/Parole Officers 329
Duality in the Role of Probation/Parole Officer 329
Ethical Implications of Probation/Parole Officer Duality 330
xviii CONTENTS
INTRODUCTION 346
A N OV E R V I E W O F F O R E N S I C S C I E N C E A N D I T S P R AC T I C E 3 47
The Disciplines of Forensic Science 347
Forensic Scientist Hiring and Training 349
The Occupational Culture of Forensic Practitioners 351
F O R E N S I C S C I E N C E S TA N DA R D S A N D C O D E S O F E T H I C S 353
Ethical Standards for Crime Laboratories 353
Practitioner Code of Ethics 356
E T H I C A L I S S U E S I N T H E P R AC T I C E O F F O R E N S I C S C I E N C E 358
Laboratory Analytical Procedures 359
Insufficient Analysis 359
Dry-Labbing 360
Indiscriminate Analysis 361
Analyzing to Fit the Law 361
Courtroom Testimony 361
The Difference Between Science and Law 362
Closing the Gap 363
Privatization of Forensic Services 365
Obligations to Maintain Professional Competence 366
Keeping Up With a Changing Field 367
Proficiency Testing 367
Competency Testing 368
Certification 369
Continuing Education 369
Whistleblowing 370
Summary 373
Content s xix
Thought Exercise 12.1: Questioning the Science Behind Forensic Science 373
Key Terms 375
Discussion Questions 375
Resources 375
References 376
INTRODUCTION 3 81
T H E R E S E A R C H P R O C E S S: A N OV E R V I E W 382
Human Inquiry and the Role of Science 382
The Rules of Scientific Inquiry 383
Social Scientific Research 383
CODES OF ETHIC S AND GUIDING PRINCIPLES IN RESE ARCH 385
The Nuremberg Code 386
Guiding Principles 386
The Helsinki Declaration 386
Guiding Principles 386
The Belmont Report 387
Guiding Principles 387
Impact of the Belmont Report 389
INTRODUCTION 418
Index 435
Exploring the Variety of Random
Documents with Different Content
Adequate study demands not simply that an abundance of data
which bear on the problem be secured, but that the validity of the
data be brought into question. Children ought not to accept blindly
the statements of books or even of the teacher. The one thing which
characterizes the student is his search for truth, his attitude of inquiry
as opposed to an appeal to authority. It is well for children at times to
question the statements found in their books when experience
suggests the doubt. It is equally important, of course, that they be
willing to acknowledge their mistake, should proof be forthcoming in
support of the book. If a child really studies, he must, even as an
adult, find statements of fact, the records of observations or
experiments, which are at variance with the evidence which he
already possesses. It is just in this particular that the student differs
from ordinary men who allow others to do their thinking for them. The
student may not be able to settle the question, and so forms a
judgment which is frankly tentative. Children ought to have the
experience of finding that there are some questions to which a
definite answer cannot, in the present state of knowledge, be given.
They should be shown, wherever possible, how the conclusions of
men on some of the most important problems that have been studied
have changed from time to time. They can at times be made to
realize the folly of overhasty generalization.
No one has learned how to study who has not been trained to
reflect upon his experience, whether the experience has been
recently acquired with the express purpose of solving his problem, or
is some more remote element in experience which may shed light on
the question in hand. A skillful teacher can guide in this process of
reflection, and will later tell them what is meant, and demonstrate for
them something of the value of the practice. It is quite worth while for
a student to know when he has concentrated his attention upon a
problem, and just what is meant by reflection. Many older people
deceive themselves into thinking that they are exercising themselves
in these directions when a slight acquaintance with the elements
involved in fixing attention or in reflection might awaken them to the
futility of their practices. There need be nothing occult or hard to
understand about the practice of study. It is not a matter of
terminology nor of a systematic course in psychology, but rather
consists in guiding the individual in his practice of the art, and then
making known to him the elements in his experience which have
meant success or failure. It may be enlightening to compare the
emphasis upon careful examination of data, the formation of
tentative rather than fixed judgments, the guarding against hasty
generalizations, and the emphasis upon reflection with the steps of
presentation, of comparison and abstraction, and of generalization in
the inductive lesson, and with the corresponding steps of the
deductive lesson. The conviction will probably be deepened that
when the teacher instructs the student in the art of study she is
making available for him the method which she employs in
instruction. This must be the relationship; for the teacher can do
nothing more than take account of the way the child learns, and
adapt her method to his possibilities.
The habit of verification is one of the most important from the point
of view of learning how to study. The questions which the student
must constantly ask himself are: “Can the conclusions be applied?”
“Do they always hold?” “Does it work?” Fine-spun theories are of
little avail, however much satisfaction the originator of them may
have found in deriving them. At every step in the progress of his
thought the conclusions must be tested by an appeal to known facts.
The teacher cannot too frequently insist upon this step as the
criterion of the worth of the thinking which has been done. And the
insistence will be necessary, for it seems natural for human beings to
become so enamored of their theories that they hesitate to expose
them to the test which may prove them false.
Teaching children to memorize: Throughout the school life of the
child, memorizing is a regular part of his work. If practice alone were
necessary, every child should soon learn how to do this kind of work
in the most economical manner. The great difficulty is that often
neither teacher nor pupil has given any thought to the method
employed, their attention having been wholly engrossed with
success or failure in achieving the result. It is a well established
principle of psychology that the possibility of recall is conditioned by
the system of ideas with which that which we wish to recall has been
identified. The more associations made, or the more perfect our
control of any system of ideas which involves that which we wish to
remember, the greater the probability of bringing to mind the fact
when we need it. As Professor James puts it: “Of two men with the
same outward experience, the one who thinks over his experiences
most, and weaves them into the most systematic relations with each
other, will be the one with the best memory.” And along with this fact
is another equally important for the teacher: that we may not hope to
increase the native power of retentiveness. The child whom we
teach may be endowed by nature with little or much power of this
sort, and we cannot change it; but we can improve his method of
memorizing.
The first step in memorizing is to understand. If we try to commit to
memory the words of a book when we do not fully comprehend the
meaning, we are depending very largely on our desultory memory,
i.e. upon our ability to remember the things because they have been
once present in mind; and our efficiency will depend wholly upon our
quality of native retentiveness. But, unfortunately, for want of
knowledge of a better method, children are frequently satisfied that
they are doing adequate work when they are repeating over and
over again the words which they have made little attempt to
comprehend.
Even when the sense of the words to be memorized is fairly clear,
it is uneconomical to employ this method of accretion. The child who
studies the poem by saying first the first line, then the second, then
the first and second, then the third, then the first, the second, and the
third, depends upon mere repetition, not upon thinking, for the
persistence of the impression. It has been demonstrated that on the
basis of the amount of time required this method is uneconomical.
Add to this the fact that after the first complete repetition, later
successful recall depends upon the efficiency of the system of
associated ideas which have been established; and there can be no
doubt of the folly of such a method of procedure. It is no wonder that
children who commit to memory in this way forget so readily. They
may have understood what they said when they first repeated the
poem; but the method they employed almost precludes the building
up of a system of associated ideas on the basis of careful thinking.
If the child has read aloud and understands the selection to be
memorized, the next thing to be done is to analyze it into its principal
thought units; and then each of these large units of thought may be
again carefully scrutinized until a full appreciation of the thought has
been accomplished. The thought of the whole may then be stated,
using as far as possible the words of the author, and then each of
the subdivisions or thought units may be examined in more detail in
order to get the shade of meaning that is brought out by this or that
word, by relationship of coördination or subordination of clause, or
the modification indicated by this word or phrase. It will be
necessary, as the work progresses on the large thought units into
which the selection has been divided, to return constantly to the
whole thought in order to keep clear the relationship of the part to the
whole, and to establish the part in the system of ideas which we
seek to build up. “All the evidence we have goes to show that the
method of memorizing by wholes is most economical.”[12] If children
were taught to work in this way, there would be little drudgery about
memorizing. The careful, thoughtful study once completed,
memorization has been accomplished. The energy and attention of
the child have not been centered upon a merely technical process,
but he has been concerned mainly in trying to appreciate fully the
thought that he is to make his own. Memory work of this kind is
highly educative, not merely because of the product, but also
because of the process employed. Suppose, for example, you wish
children to memorize Stevenson’s Bed in Summer:—
You would begin by reading the whole poem, calling to mind the
experiences of the children in going to bed before dark on the long
summer evenings and of the cold, dark winter mornings when they
may have dressed before it was light. The number and the kind of
explanations which will need to be made will, of course, depend
upon the previous experience of the children and the time of the
year. Then the poem might be read again a time or two. After this
preliminary work has been done, you might ask some one to tell you
the story. Let us suppose that the reply was about as follows: “A little
boy had to get up before it was light in the winter, and go to bed
before it was dark in the summer. In summer when he went to bed
he heard the birds hopping on the trees and the people walking past
him in the street. He thought it was hard to have to go to bed when it
was still daylight, when he wanted so much to play.” If the main facts
were less well told, or if there were notable omissions, it would be
necessary to get at least an outline of the main thought before
proceeding. Now we are ready to call the attention of the children to
three main thoughts, each told in a stanza. First, the difference
between getting up in winter and going to bed in summer. Second,
what did the boy in the story see and hear when he went to bed
before dark? Third, how do you feel when you have to go to bed in
summer while the sky is still so clear and blue, and you would like so
much to play?
It will be very easy to get the thought of the first stanza impressed
in the words of the author. It will help to read the whole poem again,
the teacher meanwhile asking the children to pay particular attention
to the way the author says it. Possibly there will be some difficulty
with “quite the other way,” but skillful questioning will get the correct
form. And so for the second and third stanzas; if the thought is clear,
the words will follow very easily. After each thought has been thus
carefully developed, with the whole story always in mind, and the
words of the author have been made the vehicle of expressing the
thought by the children, it will be advantageous to have the poem
repeated several times by individual members of the class. In this
repetition the dramatic element should enter as far as possible. To
suit the action to the word, to really feel what one recites, helps
greatly to strengthen the impression, and thus aids recall.
It may be thought that the illustration used was particularly well
adapted to illustrate the theory advanced. Or some teacher may say
that children would memorize Bed in Summer without teaching. It
may, therefore, not be out of place to suggest that the best way to
discover for one’s self the value of the method is to try it. It will work
equally well if the subject is Lincoln’s Gettysburg Address, a
selection from the Declaration of Independence, the Twenty-third
Psalm, or any other masterpiece of English.
The principles to be applied are essentially the same even when
verbatim memorization is not required. To get lasting control of the
facts of geography or of history, one must have reduced them to a
system. There must be a relating of less important facts to more
important, a clustering of important points of reference to any other
facts which are logically related. This, indeed, is just what scientific
organization means, and the main purpose of such organization is to
render facts more available, to save labor. The memory is relieved of
much of its burden when once we have established the relationship
of cause and effect, of equivalence, of similarity, or of analogy
among facts. It is this association of ideas on a logical basis which
counts most in the possibility of recall.
It is quite possible for children, very early in their school life, to
begin to apply these principles and to become conscious of the fact
that the way they do their work has an important bearing upon the
ease with which it is accomplished and the permanency of the
results gained. The work of the teacher is not done by merely
dictating the method, even though that may help greatly to establish
right habits of study; our best assurance that the method will be
employed when the teacher is not present to direct the work is found
in our knowledge that the children not only habitually, but also when
a question arises or there is a suggestion of another way,
consciously employ the right method.
Teaching children how to form habits: Our next problem is to
inquire how children may be led consciously to employ the principles
of habit formation when their school work involves work of this type.
They can be taught the function of drill or repetition, and can be led
to see under what conditions such work will prove most successful. It
is not difficult to prove to a boy that his listless, half-hearted work in
repeating the spelling of the words he has missed is making little
improvement in his ability to spell them. A boy can be led to see by
an illustration in which he himself is the chief actor that concentrated
attention will make much difference. Let him see how much he can
accomplish in ten minutes, and thus get him in the habit of using this
means when he finds that he is not working up to his normal
capacity. Show him that a new impetus will be given and that
attention will be easier if he reverses the order, writes instead of
spelling orally, or closes his eyes and attempts to visualize the
words. No matter what motive the boy has for the attempt he is
making, he will welcome the suggestions which make the task
easier.
Later you can teach this same boy the need of verification before
drilling himself whenever a question of fact is raised. In the
beginning, of course, the doubt or question will be raised by the
teacher, and it will be the chief work of the child to find an authority
and assure himself that he has the right idea or form before
proceeding. A big step in the education of a child has been taken
when he is able to say, “I know I am right, because I have consulted
the commonly accepted authority.” Occasions will arise constantly in
the study of any subject where, instead of asking the teacher or
being satisfied with information which is of questionable validity, the
child should, as a matter of habit, turn to the authority for verification.
It is not at all unusual for children to have misgivings, but they too
frequently end by going ahead and ignoring their doubt. To respect
one’s doubts, to be somewhat critical, is significant for education
only when one is led thereby to endeavor to discover the truth.
Children will work to advantage when they realize that these steps of
doubt, verification, repetition, with undivided attention, are essential
to good work.
Children can be taught the necessity of accuracy in practice. Any
day’s work in a schoolroom will furnish illustrations of the danger of
lapses and the necessity of guarding against them. The fallacy of the
notion that “this one doesn’t count” can be made just as clear to
children as to adults. So, too, the mistaken notion that cramming
may be substituted for systematic work day in and day out can be
brought to the attention of pupils.
It would be a good plan for every teacher to ask herself questions
like the following: “What would the children do if I did not carefully
direct their work?” “How much better able are they now to work
independently than they were at the beginning of the year?” “Can
they take a book and find in it the part which bears upon the topic
assigned for study, and do they do it with the least possible waste of
time and energy?” “Do they know how to memorize; what it means to
concentrate their attention; how to reflect?” “Are they more open-
minded or more dogmatic on account of the year spent with me?”
“Have they established the habit of verification?” “Do they appreciate
the method to be employed in habit formation?” To answer these
questions honestly will give the teacher some idea of her success as
a teacher, for the teacher’s goal is realized in proportion as her
pupils have advanced in power to work independently of her
guidance or control.
In teaching children how to study, it will be well to devote whole
periods to this type of exercise. The teacher will gain much in the
progress which her class will make by taking a period frequently
during which she studies with the children. By example rather than
by precept, by guiding children in correct methods of study and then
making them conscious that they have done their work to the best
possible advantage, rather than by telling them what to do, she will
secure the maximum of results in her endeavor to teach children
how to study.
Exercises.
1. What is the relation between a knowledge of the principles of teaching and
the attempt to teach children how to study?
2. How would you teach a boy to study his spelling lesson?
3. What exercises would you give your pupils to make them able to use books to
the best advantage?
4. State five problems which you have assigned to your pupils which seem to
you to have furnished a sufficient motive for study.
5. Which would be better as an assignment for a class in history: “Study the
topic of slavery for to-morrow”; or, “Try to find out why slaves were not kept in the
Northern states”; or, “Did all of the people in the Northern states believe that
slavery should be abolished?”
6. What is the advantage in individual or group assignments? Give a list of such
assignments which you have recently given to your class.
7. Why is it necessary in studying to restate the problem under consideration at
frequent intervals?
8. When children study, should they try to remember all that they read in their
books?
9. Is it wise to have children critical of each other’s contributions during a
recitation?
10. How could you hope to train children to discriminate between the material of
greater and of less importance when they read books to find the answers to their
problems?
11. What do you think of the success of a study period where ten problems are
given, each independent of the others?
12. How would you expect children to verify the conclusions which they reach in
solving their problems in geography, nature study, or arithmetic?
13. Take any poem of from four to ten stanzas, and have your pupils commit it to
memory as a whole by reading it over and discussing the thought as often as may
be necessary. Take another poem of equal length and of equal difficulty, according
to your judgment, and have them commit it to memory line by line and stanza by
stanza. (A good plan would be to take four stanzas for each test from the same
long poem.) Three weeks after each selection is learned, without suggesting to the
pupils that the selection is to be called for again, find out what part of each
selection can be recalled.
14. How could you teach your pupils that the repetitions which count when
studying a spelling lesson are the ones which are made with attention
concentrated upon the work in hand?
15. Is a study period in the schoolroom properly regarded as a rest period for
teachers and pupils?
16. Are the children you teach better able to get along without a teacher than
they were when they came to you? What evidence can you give to show that they
can work independently?
CHAPTER IX
R E V I E W O R E X A M I N AT I O N L E S S O N
Exercises.
1. What is the purpose of an examination?
2. Would you be willing, in a review of a large topic in history, to demand fewer
details than in the original study of the topic?
3. What is the value of an outline prepared by pupils as a part of their review
work?
4. Which is the better test of a boy’s ability in English, a high mark in an
examination in grammar, or a well written story of a fishing trip written for a school
paper?
5. Prepare a series of questions which you think might be used to advantage in
the examination of a class that has been studying the geography of Europe.
6. Give as many illustrations as you can of the application of the knowledge
gained in school to situations in which the pupils use their information or skill to
satisfy needs comparable to those which one meets in everyday life.
7. What is meant by saying that a review should mean a new view?
8. Do children commonly fail in examinations when they have been well taught?
9. Should children be promoted solely upon the marks made in examinations?
10. A boy’s average in an examination was 67 per cent. An examination of the
marks he received showed the following results: geography 80 per cent, history
100 per cent, composition 80 per cent, spelling 70 per cent, arithmetic 40 per cent,
grammar 40 per cent, and drawing 60 per cent. The passing mark was 70 per
cent; would you have promoted the boy?
11. How often should reviews be conducted?
12. Should children be notified in advance that examinations will be held on
certain days or weeks of the term?
CHAPTER X
T H E R E C I TAT I O N L E S S O N